Terms and Conditions – Legal Terms

1. Scope

These General Terms and Conditions (T&C) apply to all business relationships between SchäferSoft GmbH, Steinstrasse 1, 8574 Lengwil, Switzerland (hereinafter "SchäferSoft" or "we") and its customers (hereinafter "Customer" or "you"). Deviating terms of the Customer shall only be recognized if SchäferSoft has expressly agreed to them in writing.

2. Services

SchäferSoft provides services in the areas of software development, web development, mobile app development, consulting, hosting, and related digital services. The type and scope of services are defined in the respective offer or contract. Changes or extensions to the scope of services require written agreement.

3. Offers and Conclusion of Contract

Our offers are non-binding and subject to change unless expressly stated otherwise. A contract is only concluded upon written order confirmation by SchäferSoft or by commencement of service provision. Oral side agreements require written confirmation.

4. Prices and Payment Terms

All prices are stated in Swiss Francs (CHF) and exclude statutory value-added tax unless otherwise indicated. Invoices are payable within 30 days from the invoice date without deduction. In the event of late payment, SchäferSoft is entitled to charge default interest of 5% per annum. For larger projects, a down payment or partial payments may be agreed upon.

5. Customer’s Obligations to Cooperate

The Customer shall provide all information, documents, and access necessary for the provision of services in a timely manner and free of charge. Delays caused by missing cooperation on the part of the Customer shall not be at the expense of SchäferSoft and may result in adjustments to deadlines and costs.

6. Deadlines and Time Limits

Deadlines and time limits are only binding if expressly agreed as such. SchäferSoft endeavors to comply with agreed timeframes but shall not be liable for delays caused by force majeure, lack of cooperation by the Customer, or unforeseen technical difficulties.

7. Acceptance

The Customer is obliged to inspect the delivered services within 14 days after delivery and to notify any defects in writing. If no notification is made within this period, the service shall be deemed accepted. Minor defects do not entitle the Customer to refuse acceptance.

8. Warranty

SchäferSoft warrants that the services provided meet the agreed requirements. The warranty period is 12 months from acceptance. Proven defects will be remedied free of charge within this period. Excluded are defects resulting from improper use, modifications by the Customer or third parties, or circumstances outside SchäferSoft’s area of responsibility.

9. Liability

SchäferSoft’s liability is limited to intent and gross negligence. Liability for indirect damages, consequential damages, loss of profit, or data loss is excluded to the extent permitted by law. In any case, liability is limited to the amount of the respective order value.

10. Intellectual Property and Source Code

All copyrights and usage rights to works developed by SchäferSoft shall transfer to the Customer only after full payment and upon explicit written agreement. Until full payment is made, SchäferSoft retains all rights to the created works. Generally reusable libraries, frameworks, and tools used or developed by SchäferSoft remain the property of SchäferSoft.

11. Confidentiality

Both parties undertake to keep confidential information of the other party obtained in the course of the cooperation strictly confidential and not to disclose it to third parties. This obligation shall continue even after termination of the business relationship.

12. Data Protection

SchäferSoft processes personal data in accordance with applicable data protection laws, in particular the Swiss Federal Act on Data Protection (FADP) and the European General Data Protection Regulation (GDPR). For details, please refer to our Privacy Policy.

13. Termination

Unless otherwise agreed, both parties may terminate the contract in writing with a notice period of 30 days. In the case of ongoing projects, services already rendered up to the time of termination must be fully compensated. The right to extraordinary termination for good cause remains unaffected.

14. Final Provisions

Swiss law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is Kreuzlingen, Canton of Thurgau, Switzerland. Should individual provisions of these T&C be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.